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Consumer Handicaps by using children

Consumer Handicaps by using children

Nancy Tackie · Tuesday, June 29th 2010 at 1:30AM · 187 views
Today...My sister and brother in law received a law suit in the mail from a Day Care.
Why you ask ?...Well..
So long story short. ( well sort of) They attended an information session for daycare for their second child. They put in an applicaton with a $400 deposit with the understanding if you don't get accepted, they refund your money, if you are excepted and change your mind or find alternate care while waiting for acceptance that they retain $125 of the $400 deposit. If you don't give enough notice, and you will not be using thier daycare services, they will keep your $400 and you can be liable for the full term payment unless your childs spot is filled.
So the term was set to start in September, and in July they sent a letter indicating they will not require to put their child in the daycare, spoke with the Director and asked if it was possible to receive their deposit back. The director indicated he could not ensure they would receive their deposit but would take it to their board to discuss.
Fast Forward 3 month to Mid October, with no response about their deposit. (They thought it meant that they would be keeping the deposit) they receive an e-mail indicating if interested in child care there was a wait list and to submit an application soon...then 2 days later they receive an e-mail indicatiing they were not able to fill my nephews spot and that they were liable for 100% (over $4000) of the tuition for daycare.
WHAT?? so over the next 6 month my sister and brother in law continue to write letters and e-mails looking for explanation of this notion, dealing with creditor harrasment and tactics. They told the company that they would not pay since it seemed the company misrepresented their services and process.
Oh I forgot to mention, 1 month after they advised the daycare they would not need their services, my sisters best friend who also applied that same night for her daughter pulled her daughter out for medical reasons, and was advised the same thing that they woulld need to find a replacement for her... which somehow they did fill that spot for her, when she advised she would not be attending AFTER my sister pulled out my nephew.

In addition in November my brother in law had a co-worker attempt to place his child and they advised that they had no room and put him on a wait list.

So now , my sister is being sued.

My question is; What recourse do consumers have to check the validity and truthfulness of a company, especially when it is in the companies best interest to try and make some extra cash based on providing their own "proof" It seems a flawed system because everyday people who may not be able to afford legal council, may feel intimidated going up against a corporate lawyer. In the end all consumers have is their word and media I think... Is that enough?

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Nancy Tackie Regina, SK, IA

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Comments (3)

Jen Fad Tuesday, June 29th 2010 at 9:38AM

That's sounds aweful and I feel your pain. Perhaps you should have your relatives check into the Canadian BBB. I had a problems with a business in Alberta and I used the CBBB to get the matter resolved since I couldn't resolve it via emails, letters, and phone calls. http://www.bbb.org/canada/

Nancy Tackie Wednesday, June 30th 2010 at 1:47AM

Thanks for the advice, I will pass the message on for sure. and I'll keep my blog posted with the updates!

Jen Fad Wednesday, June 30th 2010 at 11:15PM

Please do keep me updated. The CBBB was the only way I got the matter resolved and a portion of my money back.

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